If you fear returning to your home country, an experienced asylum lawyer can help you present your claim on time, consistently and with strong evidence. Ozek Law Firm represents asylum seekers before USCIS asylum offices and the immigration courts, in English, Turkish, Spanish and Swedish, with interpreters for other languages.
Asylum protects people who meet the refugee definition in section 101(a)(42) of the Immigration and Nationality Act (INA). You must show past persecution, or a well-founded fear of future persecution, on account of at least one of five protected grounds: race, religion, nationality, membership in a particular social group or political opinion. If you already suffered past persecution, the law presumes your fear of future harm is well founded, although the government may try to rebut that presumption (8 CFR 208.13). You must be physically present in the United States to apply. Credible testimony alone can be enough, but a well-documented case is far stronger.
As a rule, you must file Form I-589, Application for Asylum and for Withholding of Removal, within one year of your last arrival in the United States (INA 208(a)(2)(B); 8 CFR 208.4). The deadline applies both at USCIS and in immigration court. There are two narrow exceptions:
Even then, you must file within a reasonable period. If you are close to or past the one-year mark, speak with a lawyer immediately.
Affirmative asylum is for people who are not in removal proceedings. You file Form I-589 with USCIS, attend biometrics and later a non-adversarial interview with an asylum officer. You may bring an attorney, and if you cannot proceed in English you generally must provide a competent interpreter. If USCIS does not grant asylum and you have no other lawful status, the case is usually referred to immigration court.
Defensive asylum is for people in removal proceedings before the Executive Office for Immigration Review (EOIR). You file with the immigration court and testify before an immigration judge, and a government attorney may cross-examine you. See our removal defense and immigration court page.
People placed in expedited removal who ask for asylum or express fear of return are referred to a USCIS asylum officer for a credible fear interview. The officer asks whether there is a significant possibility that you could establish eligibility for asylum or withholding of removal (8 CFR 208.30). A positive finding usually leads to immigration court proceedings or, in some cases, an Asylum Merits Interview with USCIS.
An asylum application is also treated as an application for withholding of removal (8 CFR 208.3), and Form I-589 lets you request protection under the Convention Against Torture (CAT). These matter most when asylum is barred, for example by the one-year deadline. The standard is higher: persecution on a protected ground, or torture, must be more likely than not (8 CFR 208.16). Withholding and CAT protection prevent return to the country of danger, but they do not by themselves lead to a green card or extend to family members.
In general terms, the law bars asylum for people who missed the one-year deadline without an exception, were previously denied asylum by an immigration judge or the Board of Immigration Appeals, can be sent to a safe third country under an agreement, took part in persecuting others, were convicted of a particularly serious crime or committed a serious nonpolitical crime abroad, pose a security danger or fall under terrorism-related grounds, or were firmly resettled in another country. Some bars do not apply to withholding or CAT protection, and rules for recent southern border arrivals have changed repeatedly, so we analyze bars before anything is filed.
You may file Form I-765 under category (c)(8) 150 days after filing a complete asylum application, and USCIS may issue the work permit once the application has been pending for 180 days, the 180-Day Asylum EAD Clock (8 CFR 208.7). Delays you request or cause, such as rescheduling an interview or missing biometrics, do not count. A recommended approval from an asylum office allows you to apply right away, and a grant of asylum authorizes you to work. In 2026 the Department of Homeland Security proposed a rule that would significantly restrict asylum-based work permits; as of the date of this page, USCIS still applies the 150-day and 180-day rules.
Since 2025, federal law (Public Law 119-21, often called H.R. 1) requires a Form I-589 filing fee and an Annual Asylum Fee for each year an application remains pending. USCIS sends a notice to the principal applicant, the annual fee cannot be waived, and it should be paid within 30 days of the notice. While it remains unpaid, USCIS cannot approve the case, and nonpayment can put the application and any work permit based on it at risk. These fees have been litigated, so we check uscis.gov for every filing.
Your spouse and unmarried children under 21 who are in the United States can be included on your application at filing or any time before a final decision. After a grant, Form I-730 can bring a spouse or unmarried children under 21, including those abroad, generally within two years. One year after the grant, asylees may apply for a green card with Form I-485, with a separate application for each derivative family member.
Your written declaration is the heart of the case. It must tell your story in detail and match your Form I-589, your testimony and your documents, because inconsistencies can seriously damage credibility. Useful evidence often includes:
Processing times vary widely by asylum office and court, and no one can promise a date.
Ozek Law Firm attorneys are admitted in Maryland, New York and the District of Columbia. California matters are handled with California-licensed co-counsel. Immigration law is federal, so we represent immigration clients across the U.S. and worldwide. Quotes are given at consultation, because the scope of every asylum case is different.
Tolga Ozek founded Ozek Law Firm and has spent more than 13 years guiding individuals, families, investors and companies through U.S. immigration and business law, in English and Turkish. He is admitted in Washington, D.C., Maryland and New York.
You generally must file Form I-589 within one year of your last arrival in the United States. Late filing is excused only for changed or extraordinary circumstances, and even then you must file within a reasonable period.
The law allows people physically present in the United States to apply regardless of immigration status. However, rules for recent southern border arrivals have changed several times and some applicants face added restrictions, so we review how and when you entered before filing.
Yes. Since 2025, H.R. 1 requires a Form I-589 filing fee and an Annual Asylum Fee for each year the application stays pending. The amounts are adjusted each year and the annual fee cannot be waived, so we confirm current rules on uscis.gov before every filing.
Leaving without advance parole is presumed to abandon your application, and returning to the country you fear is presumed to abandon it even with advance parole unless you show compelling reasons (8 CFR 208.8). Speak with us before any travel.
Asylum information is confidential. Federal regulations generally prohibit disclosing information in or about an asylum application without your written consent, except in limited situations (8 CFR 208.6).
If you miss it without showing exceptional circumstances, USCIS may refer your case to an immigration judge and you may lose eligibility for a work permit based on the application. Contact us immediately if you cannot attend.
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